Administrative Law Final

Administrative Law: Final Project

Dawn Burkhert

PA301: Administrative Law

June 26, 2012

MEMORANDUM

To: Anthony Willgood, Attorney

From: Dawn Burkhert, Paralegal

Re: McKinley v. Department of Education

Case #: ED46511

Challenge Agency’s Decision

Date: June 26, 2012

______________________________________________________________________

ISSUES

1. Is it unlawful for an agency to require all public school students to be subjected to a daily search of their clothes, backpacks, lockers, and desks?

2. Is it unlawful for an agency to permit random searches to take place?

3. Is it unlawful for an agency to deny a defendant the right to representation?

4. Is it unlawful for an agency to permanently confiscate an individual’s personal property such as a cell phone?

5. Is it unlawful for an agency to knowingly allow one of its affiliates or boards to discriminate on the basis of sex?

6. Was it unconstitutional for Congress to grant CES the power to enforce the regulations at issue?

7. Can an individual request a review of an agency’s decision by a court of law?

8. What remedies are available to affected individuals by the reviewing court?

ANSWERS

1. It is only lawful to do searches if reasonable suspicion is present, therefore it is unlikely that daily searches of each person would be lawful.

2. Random searches are lawful if probable cause is present. As long as the school staff only conducts searches of suspicious persons, the legality stands.

3. Agencies must follow due process and grant the right of representation to involved parties.

4. Permanent confiscation is illegal and any personal property must be returned to the rightful owner at the completion of the investigation.

5. No person shall ever be discriminated against due to gender, in court, out of court, throughout the course of an investigation, or in everyday life.

6. The CES cannot constitutionally hold the judicial power to enforce any...